Peterson v. Carver

Full title: BRYON D. PETERSON, Petitioner, v. SCOT CARVER et al., Respondents

Court: United States District Court, D. Utah, Central Division

Date published: Aug 23, 2005

Case No. 2:04-CV-174 TS (D. Utah Aug. 23, 2005)

Opinion

Case No. 2:04-CV-174 TS.

August 23, 2005

ORDER

DAVID NUFFER, Magistrate Judge (Part-time)

Petitioner, Bryon D. Peterson, requests "case status and disposition on the pleadings." In this motion, Petitioner asks for an evidentiary hearing and case status.

First, as the Court noted in its February 18, 2005, order, it is inappropriate for Petitioner to request an evidentiary hearing; the Court is required on its own to review the pleadings and record to determine whether an evidentiary hearing is needed. See R. 8, Rules Governing § 2254 Cases in the U.S. Dist. Courts. The Court will make that determination at its earliest convenience and without prompting from Petitioner.

Second, the Court addresses Petitioner's motion regarding the status of his case. The Court generally decides habeas cases in the order in which they are submitted. By this standard, Petitioner's case is about fifth in line to be reviewed. The Court is diligently working toward reviewing the petition in this case.

IT IS HEREBY ORDERED that Petitioner's motion for "case status and disposition on the pleadings" is denied in part and granted in part. ( See File Entry # 11.) The portion requesting an evidentiary hearing is denied, while the portion requesting the Court to explain this case's status is granted.